Tribunal Sets New Market Rent for Tenancy

OUTCOME: Allowed

© CROWN COPYRIGHT

Case Reference

: BIR/00GG/MNR/2024/0622

Property : [ADDRESS] [POSTCODE]

Tenant

: [APPELLANT]

Landlord : [APPELLANT] of application : 3 October 2024

Type of Application : Determination of a Market Rent sections 13 & 14 of the Housing Act 1988

Tribunal Members : V Ward [NAME] B.Sc.(Est.Man.)[NAME] of Summary Reasons

: 20/01/2025

_______________________________________________

DECISION

The Tribunal determines a rent of £730.00 per calendar month with effect from 6 November 2024. ____________________________________

S E C FIRST - TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY)

2 REASONS FOR THE DECISION

Background

1. On 20 September 2024 the Landlord served a notice under Section 13(2) of the

Housing Act 1988 which proposed a new rent of £730.00 per calendar month

(pcm) in place of the existing rent of £550.00 pcm to take effect from 6

November 2024.

2. On 3 October 2024, under Section 13(4)(a) of the Housing Act 1988, the Tenant

referred the Landlord’s notice proposing a new rent to the Tribunal for

determination of a market rent.

Inspection

3. The Tribunal did not inspect the property but considered this case on the basis of the papers provided by the parties and having regard to its own knowledge, expertise and online research.

Evidence

4. The Tribunal has consideration of the written submissions provided by the

Landlord. There were no written submissions from the Tenant.

5. From the information provided and available, the subject property appears to

comprise a modern 3-bedroom terraced house with off road parking which

benefits from central heating and double glazing.

6. The Landlord confirmed that they had installed gas central heating to the

property in 2019 and had carried out other improvements including works to

the kitchen. In terms of rental evidence, the Landlord had provided a letter from

[NAME] which indicated that 3-bedroom properties in the

vicinity of the subject would let an rentals in the order of £800.00 and £950.00

pcm but taking into account the current condition of the property, the market

rental would be between £825.00 and £850.00 pcm.

Determination and Valuation

7. Having considered the comparable evidence proved by the parties and of our

own expert, general knowledge of rental values in the area, we consider that the

open market rent for the property in good tenantable condition would be in the

region of £900.00 per calendar month. From this level of rent we have made

adjustments in relation to:

a) General dilapidations since the property was first let in 2014

3 b) Older kitchen and bathroom fittings c) Curtains provided by tenant

8. The full valuation is shown below:

per month Market Rent

£900.00

Less a) Items given under a) above

£100.00

b) Items given under b) above

£60.00 c) Items given under b) above

£10.00 £170.00

£730.00

Decision

9. The Tribunal therefore determined that the rent at which the subject property

might reasonably be expected to be let in the open market by a willing Landlord

under an assured tenancy was £730.00 per calendar month.

10. The Tribunal directs the new rent of £730.00 pcm to take effect on 6 November

2024. This being the date as set out in the Landlord’s Notice of Increase.

Chairman: V Ward

Date: 6 January 2025

APPEAL PROVISIONS

If either party is dissatisfied with this decision, they may apply for permission to appeal to the Upper Tribunal (Lands Chamber) on any point of law arising from this Decision. Prior to making such an appeal, an application must be made, in writing, to this Tribunal for permission to appeal. Any such application must be made within 28 days of the issue of this statement of reasons (regulation 52 (2) of The Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013) stating the grounds upon which it is intended to rely in the appeal.

4 First-tier Tribunal – Property Chamber File Ref No. BIR/00GG/MNR/2024/0622

Notice of the Tribunal Decision and Register of Rents under Assured Periodic Tenancies (Section 14 Determination)

Housing Act 1988 Section 14

Address of Premises The Tribunal members were [ADDRESS] [POSTCODE]

V Ward [NAME] B.Sc.(Est.Man.)[NAME]

[APPELLANT]

[NAME]

1. The rent is: £730.00 Per Calendar month (excluding water rates and council tax but including any amounts in paras 3)

2. The date the decision takes effect is: 6 November 2024

3. The amount included for services is not applicable - Per -

4. Date assured tenancy commenced 6 October 2014 5. Length of the term or rental period Monthly

6. Allocation of liability for repairs Landlord and Tenant Act 1985

7. Furniture provided by landlord or superior landlord None

8. Description of premises Modern terraced house with 3 bedrooms

Chairman V Ward Date of Decision 6 January 2025